SPELDEWINDE v. WARD
SPELDEWINDE v. WARD.
P. C., Nuwara Eliya, 16,017.
Criminal trespass-Penal Code, s. 483-Ejectment under writ of District Court- Re-entry of person ejected-Intention to annoy the owner-Unoccupied land.
The Fiscal, in pursuance of a writ of execution, ejected A from a land decreed to be the property of B, and put B's agent C in possession. C occupied it for a few days and went away, when A re-entered.
Held, that A was rightly convicted of criminal trespass.
THE complaint against the accused was that on the 15th May, 1902, the Fiscal, in pursuance of a decree pronounced in the District Court of Kandy in case No. 12,924 and of the writ of possession issued thereon, delivered over the land mentioned in the writ, which was a plot of patana and scrub land of about
3 acres in extent, to a representative of the Secretary of State for War (who was the plaintiff in the District Court case), after removing therefrom the accused, who was the defendant in the said case; that Sergeant Hannan, who took charge of the land on behalf of the Secretary of State for War, was in possession till the 18th June, 1902, when he left the property; that on the 20th June t
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